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On November 6, a fourth French judge ordered the release of Canadian Professor Dr. Hassan Diab on bail from a Paris prison where he has been behind bars for three years. This marks the eighth release order of Dr. Diab by four different French judges; but, as on seven prior occasions, the Paris prosecutor immediately filed an appeal. Dr. Diab is set to be released on bail on November 14, unless the French Court of Appeal overturns the release decision.

Dr. Diab’s lawyers in France, William Bourdon, Apolline Cagnat, and Amélie Lefebvre, remarked that “this is an absolutely exceptional situation: Four judges have decided eight times that Dr. Diab should be released. The Paris prosecutor’s obstinacy in this case is not judicial but rather political”.

Dr. Diab was extradited from Canada to France in November 2014, even though the Canadian extradition judge found the evidence presented by French authorities to be “very problematic”, “illogical”, and “suspect”. The judge stated that he felt compelled under Canada’s extradition law to order Dr. Diab’s extradition.

Dr. Diab has been in pre-trial detention in France for three years. The investigative judges in charge of the case found that there is “consistent evidence” that Dr. Diab was not in France at the time of the 1980 Paris bombing outside a Paris synagogue that tragically killed four and injured dozens. Official documents as well as several witnesses confirmed that Dr. Diab was studying and taking his university exams in Lebanon at that time. Four French judges have repeatedly ordered his conditional release. However, the French Court of Appeal quashed all release orders following the prosecutor’s appeals, notably because of the climate in France.

On July 28, 2017, the French investigative judges issued a notice about the end of investigations in Dr. Diab’s case. However, their final decision regarding whether to release Dr. Diab or refer him to trial was delayed because the French prosecutor failed to submit arguments within one month, as stipulated in the French Criminal Procedure Code. To this day, no such submission has been filed.

Dr. Diab has strongly condemned the crime, and steadfastly maintained his innocence. He has a lifelong record of opposition to all forms of bigotry, anti-Semitism, and violence, as attested by longtime friends, colleagues, and everyone who knows him. Dr. Diab’s fingerprints, palm prints, physical description, and handwriting do not match those of the suspect. He had unequivocally stated that “my life has been turned upside down because of unfounded allegations and suspicions. I am innocent of the accusations against me. I have never engaged in terrorism. I have never participated in any terrorist attacks. I am not an anti-Semite.”

Don Bayne, Dr. Diab’s lawyer in Canada, stated that “Dr. Diab has been pleading for help from the Canadian government in his Kafkaesque situation as he remains imprisoned despite evidence of his innocence. Canada’s voice of protest must be registered at the highest level of our government. The duty of a government is protection of its citizens. Prime Minister Trudeau must demand Dr. Diab’s freedom and return to Canada. Will the Canadian government stand idly by as the injustices in this case compound?”

Dr. Hassan Diab, the Canadian citizen and sociology professor who was unjustly extradited to France in November 2014, approaches his fourth year of imprisonment in France, despite his innocence.

In July 2017, the French investigative judge closed his investigations into the case after finding that there is “consistent evidence” that Dr. Diab was not in France at the time of the 1980 bombing near a Paris Synagogue. However, prosecutors have yet to respond despite the normal practice of defence and prosecution responding within 30-days of the closing of the investigation. Hassan’s lawyers responded within 30 days, urging Hassan’s release.

Hassan’s French lawyer, William Bourdon, noted that “though there is no legal sanction to the non-observance of the delays that apply once the investigations are finished, we are obviously very disappointed that the prosecutor does not comply with them in this case where Hassan Diab has consistently proclaimed his innocence and consistent evidence of his innocence was collected during the investigations. Hassan remains in prison in France where he has now spent almost three years despite repetitive release orders constantly overturned by the Court of Appeal.”

Hassan’s Canadian lawyer, Donald Bayne, remarked, “This is yet another manifestation of the mounting injustices that have plagued this case and victimized Dr. Diab – who is this century’s Dreyfus – for the past 8 years. Surely the great Republic of France will put an end to injustice, will listen to the investigating judge who has stated that there is consistent and corroborated evidence of Dr. Diab’s innocence.”

On September 21, MP Don Davies presented a Parliamentary petition signed by thousands of Canadians urging the Canadian government to bring Hassan home.

In addition, an Open Letter signed by hundreds of Hassan’s supporters was sent to Prime Minister Justin Trudeau, Foreign Affairs Minister Chrystia Freeland, and Justice Minister Jody Wilson-Raybould urging them to put an end to Dr. Diab’s Kafkaesque situation.

Alex Neve, the Secretary General of Amnesty International, stated that “this further delay, attributable to the French prosecutor, is one more unconscionable injustice. At a minimum Mr. Diab must be released on bail while the case proceeds, and the Canadian government must – at senior levels – insist that it happens without any further delay.”

Dr. Diab has strongly condemned the crime, and steadfastly maintained his innocence. He has a lifelong record of opposition to all forms of bigotry, anti-Semitism, and violence, as attested by longtime friends, colleagues, and everyone who knows him. Dr. Diab’s fingerprints, palm prints, physical description, and handwriting do not match those of the suspect. Since his ordeal began in 2008, Dr. Diab has been imprisoned or under very strict bail conditions for almost nine years.

22 September 2017, Ottawa – On July 28, 2017, the French investigative judge issued a notice about the end of investigations in Dr. Hassan Diab’s case, the Canadian citizen and sociology professor who was extradited to France in November 2014. However, the decision has been delayed as the prosecutor is yet to submit written arguments.

Mr. Don Bayne, Dr. Diab’s Canadian lawyer remarked, “According to French law, both Dr. Diab’s French lawyers and the French prosecutor have one month after the investigating judge announces the closure of the investigation to file their respective written submissions. The defence complied. The prosecutor did not. There is apparently no sanction for the prosecutor who can delay the judge’s decision whether to free Dr. Diab or subject him to a trial on secret intelligence that in Canada and most of the Western world is both unfair and unconstitutional. This is yet another manifestation of the mounting injustices that have plagued this case and victimized Dr. Diab – who is this century’s Dreyfus – for the past 8 years. Surely the great republic of France will put an end to injustice, will listen to the investigating judge who has stated that there is consistent and corroborated evidence of Dr. Diab’s innocence”.

Dr. Diab’s French lawyers, William Bourdon, Apolline Cagnat, and Amelie Lefebvre noted that “though there is no legal sanction to the non-observance of the delays that apply once the investigations are finished, we are obviously very disappointed that the prosecutor does not comply with them in this case where Hassan Diab has consistently proclaimed his innocence and consistent evidence of his innocence was collected during the investigations. Hassan remains in prison where he has now spent almost 3 years despite repetitive release orders constantly overturned by the Court of Appeal.”

Yesterday, MP Don Davies presented a Parliamentary petition that urges the Canadian government to intervene to bring Dr. Hassan Diab home. The petition was signed by thousands of Canadians and Permanent Residents.

In addition to the petition, an Open Letter signed by hundreds of Diab’s supporters was sent to Prime Minister Trudeau, Foreign Affairs Minister Chrystia Freeland, and Justice Minister Jody Wilson-Raybould urging them to intervene to put an end to Dr. Diab’s Kafkaesque situation.

Alex Neve, the Secretary General of Amnesty International, stated that “this further delay, attributable to the French prosecutor, is one more unconscionable injustice. At a minimum Mr. Diab must be released on bail while the case proceeds, and the Canadian government must – at senior levels – insist that it happens without any further delay.”

Background:

Dr. Diab was extradited from Canada to France in November 2014 in connection with a 1980 bombing outside a synagogue in Paris. He has been held in pre-trial detention in France since then. French investigating judges have issued six judicial orders that Dr. Diab be released on bail, stating that there is “consistent evidence” that Dr. Diab was not in France at the time of the 1980 Paris attack. However, each time the prosecutor appealed and the French Court of Appeal quashed the release orders because of the political climate in France. The Canadian extradition judge found that the evidence presented by French authorities is “suspect” and “very problematic”, yet he stated that he felt compelled under Canada’s extradition law to order Dr. Diab’s extradition. Dr. Diab has been imprisoned or under very strict bail conditions for almost nine years.

Put him on trial or send him home: Michael Enright on the appalling treatment of Hassan DiabCBC Radio – The Sunday Edition
September 17, 2017“For the past three years, [Hassan Diab] has been sitting in a Paris prison cell.

He has never been brought to trial.

In France, magistrates investigate crimes in much the same way our police do. Investigating magistrates have repeatedly called for Diab’s release on the grounds that there is consistent and corroborated evidence that he never committed the crime.

One judge found that on the evening of the attack, Hassan Diab was studying in Beirut.

The judge wryly commented: ‘This calls into question information implicating him in the attack, since this relies on his presence in France during this period.’

Another judge has tried five or six times to have him released…

First and foremost, why hasn’t the French government released [Hassan] after so many judges said he was not guilty?…

And secondly, why has the Canadian government not vigorously pressed for Professor Diab’s release given that the only evidence at the extradition hearing was dubious at best?”

The Hassan Diab Support Committee and Octopus Books invite you to a screening of the short documentary “Rubber Stamped: The Hassan Diab Story”, followed by a panel discussion with Carleton University professors Maeve McMahon and Peter Gose, together with Roger Clark, former secretary general of Amnesty International Canada.

This is an all ages event. Free and open to the public. The space is wheelchair accessible.

Background:

Dr. Hassan Diab is a Canadian citizen and sociology professor who taught at Carleton University and the University of Ottawa. He was extradited to France on November 14, 2014, in connection with the 1980 rue Copernic synagogue bombing in Paris.

The Canadian extradition judge described the evidence in the case as “very problematic”, “illogical”, and “suspect”, and stated that “the prospects of conviction in the context of a fair trial seem unlikely”. However, the judge felt obliged under Canada’s extradition law to commit Hassan to extradition.

Since his extradition over 1,000 days ago, Hassan has been locked up in a French prison cell, 20 hours a day, deprived of his freedom and torn from his family and home in Canada.

The French judge investigating the case found “consistent evidence” supporting Hassan’s innocence, and concluded that Hassan was not in France at the time of the 1980 bombing. Hassan was ordered released on bail six times. However, each time the French prosecutor appealed and the Court of Appeal overturned the release order.

To this day, Hassan remains locked up in prison and faces the prospect of wrongful conviction under France’s anti-terrorism laws.